N.J. Admin. Code § 12:20-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 12:20-4.1 - Presentation of appeals

(a) Notice of appeal shall be filed within 10 calendar days after the date of notification or mailing of the decision which is being appealed. Any written statement, including a facsimile, electronic mail or other electronic transmission, filed within the time for appeals allowed by law, which sets forth the fact that a party to a decision made by an appeal tribunal is aggrieved thereby or dissatisfied therewith, shall be deemed to be an appeal. A copy of the Appeal Tribunal decision being appealed shall be included whenever possible.

(b) In computing any period of time the day of the act or event after which the designated period begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday.

(c) The date on which an appeal is filed is the date of the postmark, or in the event that the postmark is missing, the date of receipt by an office or employee of the Department of Labor and Workforce Development authorized to accept appeals.

(d) A party appealing from a decision of an appeal tribunal may also file at the office where the claim was filed or with the Board of Review a notice of appeal to the Board of Review, or at an office or with an employee authorized to accept such appeals, setting forth the information required thereby.

(e) Notice of appeal filed at an office authorized to accept such appeals shall be transmitted immediately to the Executive Secretary of the Board of Review. If, after an appeal has been filed, it is found that the matter may be adjusted to the satisfaction of the parties without further hearing, a request for dismissal of the appeal will be entertained and acted upon by the Board of Review.

(f) Receipt by any party of notice of hearing on an appeal shall be deemed to constitute notice that an appeal has been filed. Any party, other than the appellant, shall be supplied with a copy of the appeal if request is made therefor before the date of the scheduled hearing.

(g) An appeal shall be considered on its merits if it is filed within 10 days of notification or mailing. Notification of a decision means actual receipt of a decision by the claimant or any interested party to the appeal.

(h) A late appeal shall be considered on its merits if it is determined that the appeal was delayed for good cause. Good cause exists in circumstances where it is shown that:

1. The delay in filing the appeal was due to circumstances beyond the control of the appellant; or

2. The appellant delayed filing the appeal for circumstances which could not have been reasonably foreseen or prevented.

N.J. Admin. Code § 12:20-4.1

Amended by R.1989 d.473, effective 9/5/1989.
See: 21 N.J.R. 1496(a), 21 N.J.R. 2797(a).
Revised to conform to recent legislation.
Recodified from 12:20-4.3 by R.1994 d.408, effective 8/1/1994.
See: 26 N.J.R. 2196(a), 26 N.J.R. 3179(a).
Originally 12:20-4.1 was "Conduct of hearings."
Amended by R.1999 d.250, effective 8/2/1999.
See: 31 N.J.R. 1475(a), 31 N.J.R. 2221(a).
In (c), substituted a reference to the Department of Labor for a reference to the Division of Employment Security; in (d), deleted "in triplicate" following "file", and inserted "or at an office or with an employee authorized to accept such appeals," following "Review"; and in (e), substituted "at an office authorized to accept such appeals" for "in the local office" following "filed".
Amended by R.2004 d.324, effective 8/16/2004.
See: 36 N.J.R. 2297(a), 36 N.J.R. 3883(a).
Rewrote (a); in (d), substituted "may also" for "shall" following "tribunal".
Amended by R.2010 d.044, effective 2/16/2010.
See: 41 N.J.R. 3196(a), 42 N.J.R. 588(b).
In (c), inserted "and Workforce Development".